Ginny Bydder Civil Celebrant - Marriage Celebrant in Albury Wodonga and the surrounding area

   Legal Requirements
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The Notice of Intended Marriage Form

Lodgement

It is a legal requirement for Marriage that you must complete a Notice of Intended Marriage form. This needs to be given to your authorised marriage celebrant within 18 months of your proposed marriage and no later than one month and one day prior.

At least one of you must sign the form in the presence of a Civil Celebrant or other authorised people such as a lawyer, doctor (listed on the form). If the other is unable to attend that meeting they may sign at another time prior to the wedding.
All marriage celebrants should have all the necessary paper work to perform your marriage.

If you live outside Australia, you will need to have your signatures witnessed by an Australian Diplomatic or Consular officer or a Notary Public (there are others listed on the form). The signed Notice of Intent can then be faxed to your Celebrant with the hard copy following by post.

When meeting with your celebrant, ensure that you have all your required documentation with you eg. birth certificates (original) and evidence that any prior marriage has been dissolved.
Please email me at ginny@yourceremony.com.au for a Notice of Intent to Marry form.

You will need to have 2 witnesses over the age of 18 to sign your Marriage Certificates on your wedding day.

Your Marriage Certificate

At the conclusion of the service you will receive a Marriage Certificate. In Australia this certificate is no longer regarded as an official confirmation of the wedding when applying for a passport etc. You can apply for an application form from the Departments of Births, Deaths & Marriages, for an official "Standard Certificate." (I also have application forms for both Victoria and N.S.W. and give these to couples with their Marriage Certificate).

These days it is also legal for a man to change his surname after marriage to that of his wife!

New South Wales marriage.
Your certificate needs to be issued by the Registry office in the State you marry.
If your wedding is taking place in N.S.W. you can also go to their website to obtain an application form and find more information on commemorative certificates etc. http://www.bdm.nsw.gov.au/marriages/designsAndCost.htm

Registry of Births, Deaths and Marriages Addresses

Victoria: Transport House, 589 Collins Street, Melbourne VIC 3000 PH 1300 369 367

New South Wales: 35 Regent Street, Chippendale, NSW 2008 GPO Box 30 Sydney NSW 2001

PH 1800 629 736 within NSW or 1300655236 http://www.bdm.nsw.gov.au/bdmaus/

GETTING MARRIED (from the Attorney General's Office)

1. Finding the right Marriage Celebrant to meet your needs

You might like to contact the civil marriage celebrant associations for information on celebrants in your area - these associations are listed in the Yellow Pages.

Marriage celebrants are encouraged to offer a choice of ceremonies, or assist the couple in writing their own. You should feel comfortable with your celebrant and feel confident that he/she suits your needs and will complement your special day. Ring and make an appointment to meet the celebrant if you are uncertain. It is also advisable to confirm your wedding arrangements in writing in plenty of time before the day.

You should ensure that your proposed celebrant is authorised as a marriage celebrant under the Marriage Act 1961. Click below (2) to see if your celebrant is authorised. You will also find marriage celebrants from non-recognised denominations on this list.
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2. Notice of Intended Marriage (see top of page)

Shortening of Time

It is possible to shorten the minimum notice time for a marriage to less than a month if special circumstances set out in the regulations are met.

You need to approach a Prescribed Authority for approval.

Prescribed authorities (usually at your Local Court or Registry officials) can shorten the required period of notice if they are satisfied that circumstances prescribed in the regulations are met.

There are the five categories of circumstances set out in the regulations. These are:

Employment related or other travel commitments,
Wedding or celebrant arrangements, or religious considerations,
Medical reasons,
Legal proceedings,
Error in giving notice.

The reason for seeking a shortening of time for notice must fall within one of these categories before an application can be considered. There is no capacity to grant shortening of time outside these circumstances. Shortening of time is not automatic. When making a decision the Registry of Births, Deaths and Marriages (BDM) or prescribed authority will weigh up the information provided in support of the application and may seek additional information as outlined in the regulations.

A list of Prescribed Authorities may be found at the following address: http://www.ag.gov.au/mclisting

Transfer

If for some reason you need to change your marriage celebrant you will need to obtain the Notice of Intended Marriage form that you lodged with the original celebrant and give it to your new celebrant or fill in a new form and wait a further month.
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3. If you are currently seeking a divorce

You can lodge a Notice of Intended Marriage Form with a marriage celebrant prior to your divorce proceedings being finalised. However, celebrants will ensure that they take note of the date when the decree becomes absolute as a marriage can only take place after that date. The marriage cannot be performed until the divorce is finalised. As from 1 July 2002, the Family Court and Federal Magistrates Court ceased issuing separate documents for a decree nisi of dissolution of marriage and a decree absolute. They now issue a document headed "Certificate of Divorce" which contains the date of both the decree nisi and the decree absolute. This certificate is evidence of divorce for the purposes of solemnising a marriage (see section 42(10)). If you were divorced prior to that date you will need to show the celebrant a copy of the decree absolute.
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4. Fees

Marriage celebrants authorised by the Commonwealth are entitled to charge for any services that they provide. Fees for weddings are not fixed and may vary from celebrant to celebrant. Ensure you reach an agreement on the fees before asking the celebrant to hold the date. You should also ensure that you understand what charges are non-refundable.
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5. Participating in a Marriage Ceremony

People not authorised as marriage celebrants may participate in aspects of a marriage ceremony. However, an authorised marriage celebrant must fulfil all the legal requirements for solemnising the marriage. These include:

	To consent to be present as the responsible authorised marriage celebrant;
	To take a public role in the ceremony;
	To identify themselves to the assembled parties, witnesses and guests as the celebrant authorised to solemnise the marriage;
	To be responsible for ensuring the validity of the marriage according to law;
	To say the words required by section 46 in the presence of the parties, the formal witnesses and the guests before the marriage is solemnised;
	To be in close proximity (i.e. nearby) when the vows required by section 45(2) are exchanged because it is the exchange of vows that constitutes the marriage and the authorised celebrant should ensure that they see and hear the vows exchanged;
	To be available to intervene (and exercise the responsibility to intervene) if events demonstrate the need for it elsewhere in the ceremony;
	To be part of the ceremonial group or in close proximity to it; and
	To sign the papers required by the Act. Top of page

6. Getting Married Overseas

For information on getting married overseas please contact the Embassy or other diplomatic mission of the country concerned. If that country requires you to get a certificate of no impediment to marriage, contact the Department of Foreign Affairs and Trade on (02) 6261 3015.
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7. Marriage to a Relative

The Marriage Act prohibits people marrying:

an ancestor or descendant; or
their brother or sister (whether whole blood or half-blood siblings)

These restrictions also apply to adoptive relationships even if these have been annulled, cancelled, discharged or cease to be effective for any reason (for example, due to a subsequent adoption order being made).

This means, for example, that a person cannot marry their parent, grandparent, child, grandchild, brother or sister. However, (depending of course on the sex of the party) a person may marry their aunt or uncle, niece or nephew, "first" cousin or step-sibling.
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8. Same-sex commitment ceremony

The Marriage Act 1961 refers to marriage as "...the union of a man and a woman to the exclusion of all others, voluntarily entered into for life." Accordingly, it is not possible for same sex couples to marry under existing Australian law.

It is not illegal to conduct commitment ceremonies between same-sex couples provided that they do not purport to be legal marriages.
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9. Change of Gender

In his decision in the case of Re Kevin, Chisholm J of the Family Court decided that a post operative transsexual female to male person is a "man" for the purposes of the Marriage Act and was able to enter into a valid marriage with a woman. On 21 February 2003, the Full Court of the Family Court upheld the original decision. The Commonwealth is considering its response to the decision.
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10. Making a complaint regarding a marriage celebrant

What can we do if we have concerns about our marriage celebrant?

If you have a concern about the service you have received from a marriage celebrant in relation to your wedding you may make a complaint. If you have any concerns you should discuss them with the celebrant first but if you are not able to do this, or believe your complaint requires further consideration, there is a special procedure set out in the Marriage Regulations to enable complaints concerning the performance of marriage celebrants to be responded to. The following information outlines the initial process to be followed.

How must the complaint be made?

The complaint must be in writing and made to the Registrar of Marriage Celebrants at the address below. It must be made within 3 months of the matter complained of. You may seek an extension of time to make a complaint from the Registrar and the Registrar may grant an extension if he or she considers it is justified. This request must be in writing.

The complaint must contain the following details:

· The complaint must state your full name and contact details (anonymous complaints cannot be accepted);

· The name of the marriage celebrant to whom the complaint relates;

· The full details of the complaint, and

· Whether or not it is or has been the subject of other proceedings (such as a report to the police).

If you suffer from a disability and require assistance in preparing the complaint the Marriage Celebrants Section may be able to provide this.

Not all complaints will be accepted but if the Registrar decides to deal with the complaint you will be asked to provide any additional material you wish to provide in support of the complaint. This may include signed statements or statutory declarations from witnesses. The material must be in writing. The Registrar may also seek additional information from you if necessary.

You must provide to the Registrar a written statement consenting to the marriage celebrant being notified of the complaint and being given a copy of any information or material provided by you to the Registrar in support of the complaint.

If the Registrar does not receive such a statement the complaint cannot proceed and will be terminated. No complaint will be recorded.

What information will the marriage celebrant receive if the complaint is being dealt with?

The marriage celebrant will receive a written notice stating that the complaint has been made. They will receive a copy of the complaint and any supporting material provided by you. They will be given your name and that of any supporting witnesses, but no contact details will be provided.

They will be invited to respond to the complaint and provide any additional material they wish in writing in support of their response. This might include, for example, a signed statement from one or more witnesses.

The complaint will then be dealt with by the Registrar. If appropriate it may be dealt with by conciliation or a more formal determination process. If the Registrar decides the complaint is well founded, there are a number of steps the Registrar may take including several disciplinary measures against the celebrant. The Registrar does not have the power to require the celebrant to repay any money to you, although the Registrar may make a recommendation to that effect.
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CHANGE OF SURNAME IN MARRIAGE
The Aust. Marriage Act 1961 makes no provision for a change of surname following marriage. In the past is has been purely customary and traditional for the wife to assume the husband's surname upon marriage, and it is not necessary to formally register this 'change of name' in order to assume the partner's surname.

In more recent times more women are choosing to retain their maiden/birth surname or combine both surnames to form a new surname and in some instances men are assuming the woman's surname.

To allow a wife to assume her husband's surname but not to allow a husband to assume his wife's surname could be considered sexual discrimination. It is not considered necessary for either person to register a 'change of name' on order to change or combine their surnames within the surnames shown on the marriage certificate.

While a Marriage Certificate is technically not a change of name document, the Marriage Certificate is considered acceptable evidence for the following assumptions of surname-

The wife taking the husband's surname, or,
The husband taking the wife's surname, or,
Either or both persons combining their surnames, in either order, with or without.........
Either or both persons combining their surnames, in either order, with or without a space......
(eg.. WOOD and WARD, to WOODWARD)

Similarly, it is not necessary for either person to register a change of name in order to revert to their pre-marriage surname. A copy of the Marriage Certificate plus evidence of the pre-marriage surname (birth cert. citizenship cert.) should be produced.

Received from: CUSTOMER SERVICE BRANCH........DEPT. OF JUSTICE.’

Useful Links and Numbers:

For other legal requirements, a Register of all authorised Celebrants see the Attorney General's Department Website at www.ag.gov.au/celebrants

The following are guidelines from the Attorney Generals Office. The Marriage Act 1961 may be found in full at http://scaletext.law.gov.au/html/pasteact/0/44/top.htm

Contact Information

For further information about making a complaint contact the Registrar of Marriage Celebrants in one of the following ways:

Marriage Celebrants Section
Attorney-General's Department
Robert Garran Offices
National Circuit
Barton ACT 2600

Phone: (02) 6234 4800
fax: (02) 6250 5962
email: marriagecelebrantssection@ag.gov.au

"Love is a journey, not a destination"

Whatever your needs, feel free to contact Ginny for a chat.

Email - ginny@yourceremony.com.au

Phone - (02) 60247137

Mobile - 0411 265442

Fax - (02) 60247134

Skype - ginnybydder

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Last modified: 01/03/2009